III. SINGPOSTING & REFERRAL POLICY PROCEDURES
III.1. Signposting
The Central Africa’s Rights & AIDS Society (CARA Society) uses signposting when it encounters situations where our advisors are unable to assist a (new) client at the outset, before the legal advice has been given. Although there are several reasons, signposting is often used when our adviser is not qualified to provide the service required or does not have the capacity to provide it, the client should be advised that we are unable to provide the service requested and directed to an alternative provider. Other reasons include:
· The caseworker’s current workload prevents him/her from acting in the client’s best interest and is likely to hamper the progress of the case;
· There is a potential conflict of interest between our adviser and the client or between two or more clients;
· We do not have expertise in the area the client seeks advice and assistance;
· The client has special needs that we are unable to satisfy;
· The case is complex and there may be other alternatives open to the client;
Even though this list is not exhaustive, it reflects the situations mostly encountered and in such instances, signposting is the most appropriate step takes taken by CARA Society.
Procedure: If a caseworker is faced with such a situation, s/he should refer it to the Legal Services Commission’s directory and give at least 3 names and address of suppliers closest to where the client lives. Please telephone the LSC and seek assistance. N.B.: Such assistance will only be sought if the client is no longer physically in the office and it is a telephone enquiry; or where the caseworker is under considerable pressure trying to meet their own deadlines and the call Centre would be better able to serve the client].
III.2. Referrals
Referrals arise with an existing client; where CARA Society is unable to assist him/her further with their ongoing case or s/he is enquiring about a new matter even then the criteria listed above apply.
As you can find out bellow, CARA Society maintains a list of Solicitors; Law Centres; Citizen Advice Bureaus and other Voluntary Organisations following various criteria such as:
· The area of Law or expertise involved;
· Equal opportunities policy;
· The complexity of the case;
· Speed of response required.
Referrals are made by CARA Society team under the following circumstances:
· the case is too complex, e.g. Level 3 immigration work;
· the case involves aspects outside the expertise of the Client Adviser, e.g. housing law, consumer law;
· there is a conflict of interest e.g. the client is taking action against the CARA Society or there is a dispute between two clients and the adviser is already advising one of them;
· there is another firm/organisation which provides a good quality service and is more suited to the client's needs, e.g. where there is a need for long term counselling;
· the service cannot adequately deal with the client's case because of lack of resources, e.g. time, information;
· there are policy issues which mean that the client must be refused a service e.g. if the client is violent or abusive
Where possible, referrals are made within CARA Society. If internal options have been exhausted or are inappropriate, local experts or agencies are used. Care is taken to ensure that any expert or CARA Society offers a service that meets minimum standards of quality. Before a referral is made, options are explained to the client and a referral is only made with their consent. The client is also asked how much they would like CARA Society to disclose when making the referral. Any information imparted by the client prior to referral is bound by the rules of confidentiality.
If possible, the Client contacts the expert or CARA Society in order to make an initial appointment. The client is given details of the referral including address and phone number, opening hours, the name of the contact person and the appointment time. Our caseworker should advice the client about the cost implications of referring the case to a new organisation where relevant; details of type of costs the client might be liable for e.g. one - off court fee; fees charged at an hourly rate; legal costs and contributions where eligible. An attendance note should record cost implications advice as well as any calculations outlining costs, which were given to the client. The caseworker should request the client to provide a feedback of the services they have received from referral organisation. Feedback forms/ information received will be monitored to update the Approved List.
III.3. The Time Scales for Referrals
Any client who has consented should be referred as quickly as possible within a period not exceeding 5 working days.
We the Management Committee members of the Central Africa’s Rights and AIDS Society understand the need for a referral protocol and wish to be part to the scheme. As participants of this scheme, we understand the definitions of:
· Signposting
· Active Signposting
· Referrals
And have advised all our staff on when and why the above are necessary.
III.4. Policy on Conflicts of Interest
III.3.1. Definition of Conflict of Interest
Conflict between clients: A conflict of interest arises where CARA Society is asked to act for a client in a matter in which s/he is in dispute or potential dispute with an existing or past client of the CARA Society.
Conflict between client and the CARA Society: A conflict of interests also arises where the outcome of the client’s case could have an adverse impact on the CARA Society, a member of staff or Management Committee.
III.3.2. Policy
CARA Society does not act where there is an actual or potential conflict of interest.
The possibility of actual or potential conflict must be checked at the earliest opportunity on contact between a caseworker and a new client. The opponent in any dispute on which the client is seeking advice or assistance must be identified at the outset, and the caseworker must consider whether that person or body is:-
· a current client of the CARA Society
· a former client of the CARA Society in relation to whom the CARA Society has access to confidential information relevant or potentially relevant to the new client’s dispute
· an organisation in whose management members of the CARA Society’s staff or Management Committee are involved, or have been involved at a material time.
III.3.3. Caseworkers identifying a conflict of interest must decline or cease to act.
Caseworkers who are in doubt whether a conflict of interest arises must consult the solicitor before taking any further instructions from the client. The solicitor will telephone the Law Society for guidance if appropriate.
Caseworkers considering involvement in the management of an organisation, which does not have existing shared management staff with CARA Society, must first check whether our organisation Centre is involved in any current action against that organisation.
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